Research On Several Legal Issues Of International Ship Financing Lease

When shipbuilding industry and International shipping industry are developing, many shipyards and shipping companies are lack of fund for development. So more shipyards and shipping companies are look for new way of financing lease to solve fund shortage. Under this background, Chinese shipyards and shipping companies start to use international ship financing lease to solve fund shortage and single financing mode. But, in China, international ship financing lease have developed at short time, so China does not have corresponding laws to regulate shipping financing lease. This legal environment is not good for international ship financing lease’s development in China. Therefore, the writer deeply and widely study this business of other countries and international organizations’standards and research findings, in order to improve the legal environment of international ship financing lease in our country.Because financing lease is a general way of financing in the world, so the legal relation is complex. At same time, shipping financing lease makes ship as financing object, it mix together the legal relation of financing lease and ships, so it deepens difficulty for theoretical research and operation.The writer combines the laws and theoretical research of China and foreign countries, and put forward some proposals.1.Ship registration system of international ship financing lease. In international ship financing lease, the ship has to register in lender’s country and lessee’s country, but in our country "double nationality" is not allowed. So how to coordinate the register of ownership and financing lease becomes the first assignment in this business. Hence, the writer tries to build the frame of international ship financing lease.2. Parties’rights and duties in international ship financing lease, and the measures when their legal rights are harmed. Rights and duties are core content in legal relation, and lender and lessee come from different country, so how to protect their rights and duties becomes important issue.3. The ship collision liabilities. Because the ship collision will occur who bears collision liabilities and oil pollution damage. In legal relation of international ship financing lease, who bears duties becomes the key point of differentiating sea perils liabilities. The paper tries to find out who should born collision liabilities and oil pollution damage.4. The range law court and related laws. Because the lender and lessee come from different country, so how to choose competent court and law will influence their duties and rights and the solution of the issue.